Frank Ettin will probably respond to this line of thought with an argument based on case law, vs theoretical Constitutionality. With all due respect to Frank (and make no mistake, I respect and like Frank, and generally agree with him across the board), I have to tweak him a little.

"the law supposes that your wife acts under your direction". Mr. Bumble replies "If the law supposes that ... the law is a [sic] ass—a idiot. If that's the eye of the law, the law is a bachelor; and the worst I wish the law is that his eye may be opened by experience—by experience."